Law: Penal Code (XLV of 1860)

Section: 324,353,402,34

(a) Penal Code (XLV of 1860)--- ----Ss.324, 353, 402 34---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, assembling for the purpose of committing dacoity, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Prosecution case was that when the police tried to apprehended the wanted accused, they made straight firing on the police party, in retaliation, police also made firing, due to which accused was hit and injured and was apprehended, whereas the remaining accused made their escape good---Record showed that case of prosecution was that the accused was arrested in injured condition and after his arrest he was brought at RHC where he was left for the treatment---Prosecution failed to produce any medical evidence in respect of the injuries received by the accused, even the medical certificate had not been produced by any of the witnesses whose evidence was recorded by the Trial Court---Complainant deposed that accused was arrested in injured condition and at the time of arrest blood was oozing from the injury---Complainant and the Investigation Officer failed to collect the blood stained earth from the place of vardat or blood stained clothes of the accused which he was wearing at the time of alleged encounter nor the clothes were produced before the trial court to prove the case and to show the hole of bullet on the clothes, which bullet, as per version of prosecution hit to the accused on his leg---Such state of affairs was fatal to the prosecution case. (b) Penal Code (XLV of 1860)--- ----Ss.324 353---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty---Police encounter---Non-production of medical evidence--Scope---High Court observed that in cases of police encounters where only the accused received injuries during the encounters, non production of medical evidence in respect of those injuries was fatal to the case of prosecution. (c) Penal Code (XLV of 1860)--- ----Ss.324, 353, 402 34---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, assembling…

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